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by Hurricanes Katrina, Rita or both: the Division of Administration, the Recovery School District, the City of New Orleans and parish governments in Calcasieu, Cameron, Jefferson, Orleans, Plaquemines, St. Bernard, St. Tammany, and Vermilion Parishes and the Port of New Orleans.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2121 (October 2008).

§169.Definitions

A.For the purposes of this Rule certain terms shall have the following meanings. All required licenses for each component shall be obtained prior to the award of the project to the selected entity.

Architect—the entity contractually responsible for delivering the project design and duly licensed and registered by the Louisiana State Board of Architectural Examiners as provided for in R.S. 37:141 et seq., and its rules and regulations.
Contractor—the entity contractually responsible for delivering the project construction and duly licensed and registered as a general contractor by the State Licensing Board for Contractors as provided for in R.S. 37:2150 et seq., and its current rules and regulations.
Design-Build—a construction process in which the design and construction phases are combined and the design-builder is selected by a qualifications-based process with an established schedule and price.
Design-Builder—the entity contractually responsible for delivering the project design and construction who shall be licensed as either a contractor, an architect or an engineer as defined herein. For projects that are primarily architectural, the entity shall be a contractor or an architect. For projects that are primarily engineering, the entity shall be a contractor or an engineer.
Engineer—the entity contractually responsible for delivering the project design and duly licensed and registered by the Louisiana Professional Engineering and Land Surveying Board as provided for in R.S. 37:681 et seq., and its rules and regulations.
Public Agency—a state or local governmental unit. For the purposes of this rule these are limited to those defined in §167 of this Chapter.

B.All required licenses for each component shall be obtained prior to the award of the project to the selected entity.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2122 (October 2008).

§171.Rights and Powers of Each Design-Builder

A.Each design-builder shall have the following rights and powers.

1.The design-builder may sublet responsibility for professional design services to an individual, firm, or corporation duly licensed and registered in the state of Louisiana to provide professional design services.
2.The design-builder may sublet responsibility for construction or other services requiring a contractor's or trade subcontractor's license to persons or entities duly
registered, licensed, or otherwise qualified to provide those services as required by law.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2122 (October 2008).

§173.Process for Selection of Design-Builder

A.A two stage process shall be used to select the design-builder. The two stages are:

1.request for qualifications stage;
2.technical proposals stage.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2122 (October 2008).

§175.Request for Qualifications—Letter of Interest

A.A public announcement shall be made to solicit letters of interest for a design-build project. The announcement shall be distributed through advertisement in publications that will insure adequate competition and opportunities for qualified entities. These shall include at a minimum the Daily Journal of Commerce, the Baton Rouge Advocate, the New Orleans Times-Picayune, the Shreveport Times, the Monroe News Star, the Lake Charles American Press. The announcement shall also appear on the internet home page of the public agency, if any, and by other means to ensure adequate response.

B.All such public announcements shall be advertised a minimum of 30 days prior to the deadline for receipt of responses and shall contain a brief description of the project, the required scope of services and sufficient information for a design-builder to determine its interest and to enable it to submit a letter of interest. The notice of intent may be re-advertised using additional media or publications in an attempt to solicit additional responses if the initial number of responses received is inadequate.

C.A brief description of the project shall be included in the letter. The description shall include but not limited to the following: The proposed function(s); approximate size or capacity in terms of square feet, number of occupants, beds, cars, books, etc.; level of quality; key factors in the public agency’s program; a brief description of any existing buildings or structures; special systems; any specialized skill(s) required; preliminary budget based on the agencies best information and any other information that will allow potential design-builders to determine whether or not they are interested in the project.

AUTHORITY NOTE:Promulgated in accordance with R.S. 39:121 and RS 38:2225.2.1.

HISTORICAL NOTE:Promulgated by the Office of the Governor, Division of Administration, Office of Facility Planning and Control, LR 34:2122 (October 2008).

§177.Request for Qualifications—Qualifications Package

A.The public agency shall provide a request for a qualifications package to design-builders who submit a letter of interest. The qualifications package shall include the technical proposal as defined in §185 including the intention of awarding a stipend. All required information shall be identified in the request for qualifications package and in the standard response forms. The response to a request for qualifications package shall include statements

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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